Who Is Responsible For AmSemi-Truck Cargo Spill Accident?

Tractor-trailers and other commercial trucks on Indiana highways transport thousands of tons of cargo every day. If a truck’s cargo breaks loose, it may fall off the trailer onto a roadway, creating a traffic hazard for approaching vehicles or hitting vehicles behind the truck.

If you have been injured in an accident caused by cargo that has fallen from a semi-truck, you may be able to pursue a claim for compensation. To maximize the amount of compensation available to cover your medical bills and losses, you’ll want to identify every party responsible for the accident.

The truck accident lawyers at Craig, Kelley & Faultless, LLC, in Indiana, have extensive experience investigating truck accidents and pursuing compensation for people who have been injured in collisions involving commercial trucks. If you have been injured in an accident caused by a tractor-trailer, contact us today for a free case evaluation.

Potentially Liable Parties in a Semi-Truck Cargo Spill Accident

Cargo may spill from a truck because the cargo is not secured properly or because the tie-downs are worn and fail. When cargo falls from a truck, it creates an urgent safety hazard. The immediate hazard is the possibility of falling cargo hitting vehicles immediately behind the truck.

A secondary hazard occurs when fallen cargo lies on the road. Approaching vehicles may crash into debris in the road or swerve to avoid it and crash into other vehicles.

In traffic, fallen cargo can cause multi-vehicle accidents and multiple injuries or death.

There are three parties that may be held responsible for an accident caused by cargo that has fallen from a truck:

• The Truck Driver. The North American Cargo Securement Standard Model Regulations, which is the basis of federal trucking regulations, requires most drivers to inspect cargo and securing devices on their trucks and to make necessary adjustments:
• Pre-trip
• Within the first 50 miles of a trip
• When the driver’s duty status changes
• At 3-hour intervals or every 150 miles, whichever is first.

A driver who fails to inspect their cargo may be held liable for a cargo spill later.

• The Trucking Company. A trucking company is responsible for its employees. If a truck driver or company loaders neglected their duty to ensure a truck’s cargo was secure and a cargo spill led to injuries, the carrier could be held liable for damages.
• The Shipping or Cargo Company. A shipper that owned the cargo or loaded the trailer could be liable if the shipper did not secure the load properly. The North American Cargo Securement Standard Model Regulations have detailed rules for multiple types of cargo and how to prevent cargo from falling from a vehicle. Generally speaking, cargo must be firmly immobilized or secured on or within a vehicle by:
• Structures of adequate strength
• Dunnage (loose materials used to support and protect cargo)
• Dunnage bags (inflatable bags intended to fill space between articles of cargo or between cargo and the wall of the vehicle)
• Shoring bars
• Tiedowns
• A combination of the items above.

Schedule A Free Case Review with Our Experienced Indianapolis Truck Accident Attorneys

If you have suffered serious injuries in an accident caused by items that have fallen from a semi-trailer, contact an Indianapolis truck accident lawyer at Craig, Kelley & Faultless LLC for a free case review. We can move promptly to secure evidence of the truck having carried an insecure load, identify all the responsible parties, and calculate the total compensation you are due.

Contact us now at (800) 746-0226 or online for a free consultation about a truck’s cargo spill in Indiana.